Not meeting residency obligation.. Travelling to Canada

[dpenabill]

At this point you are either OK or you are not and missed a hearing date. You might as well apply to renew your PR card and see what happens.

Possibly. BUT NOT necessarily. A likely scenario is somewhere IN BETWEEN. A rather likely scenario is there was a 44(1) Report issued which remains outstanding. In which event @sgaur is INADMISSIBLE but still a Permanent Resident.

@sgaur -- In any event, there is NO HARM in contacting the help centre and making an inquiry as to current status. Doing so will NOT trigger any action worse than what the situation currently is. AND GETTING INFORMED is almost certainly the BEST NEXT STEP here.

Nope. But I am paying taxes last 2 years. I purchased property in Canada. IRCC will come to know my actions very easily. They always sent email. I did not receive any email also. I am a positive person and hopeful of positive outcome.

It is NOT likely that the 44(1) Report for Inadmissibility based on a breach of the Residency Obligation has just gone away. As I go into detail regarding, in my previous long post, it is likely the Report is still OUTSTANDING, and if that is the case, you are INADMISSIBLE, meaning the days you are staying in Canada are NOT counting toward compliance with the PR Residency Obligation. (Note: being inadmissible is, perhaps, somewhat good news, in that means you still have PR status, and thus still a chance to keep your status.)

There are rather limited possibilities regarding your current situation; again, the possibilities are:

-- Report still outstanding, still to be reviewed; in meantime you are INADMISSIBLE and days in Canada do not count toward RO compliance

-- Report was reviewed in absentia, and there was a determination, a decision

-- -- resulting in a favourable H&C decision allowing you to retain PR status, OR
-- -- resulting in a decision terminating your PR status​

The first possibility, the report remains outstanding, seems the more likely.

Again, contacting the help centre is not going to trigger anything more negative than what the situation already is. There is NO need to proceed in the fog. GET INFORMED.

For example, if your status is OK, then it is OK to make a straight-forward PR card application based on days in Canada during the last two years. BUT if the Report is still outstanding (which seems likely), at the least you will need to make a H&C case if you apply for a PR card. Big difference.

THUS what to do based on what the help centre says about your status (addressing the possibilities in reverse order):

-- if the help centre says you do not have PR status, that it was terminated, that is probably it, done deal; a lawyer might offer some advice about potential recourse (request for reconsideration, or seeking review based on lack of notice, or such)

-- if the help centre says you have valid PR status, that too is probably it, done deal, IN YOUR FAVOUR; good to go, apply for a PR card

-- if the help centre says you have a 44(1) Report outstanding, or you are inadmissible, or anything to such effect, your status is still up-in-air, to be determined . . . AND IMPORTANTLY this means the days you have been in Canada do NOT count toward RO compliance . . . you will need to make a persuasive H&C case to keep status . . . and in this scenario I'd suggest discussing what to do with a LAWYER​

My sense is that the last is the more likely scenario. In any event this is NOT going to get resolved by waiting. Yes, you could simply apply for a new PR card and wait to see what happens. BUT if, as it seems likely, if the Inadmissibility Report is still outstanding, it would be prudent to either get the help of a lawyer OR do some more homework before deciding on your next step . . . .

. . . and if your next step is applying for a new PR card, at the least be sure to make a strong H&C case in the application (frankly I'd worry about approaching this even this way without the advice of a lawyer).

 

[canuck78]

The enter and lay low approach only applies when you haven’t been reported. Not much you can do now but apply and see what happens. You didn’t meet the RO before entering so there was never a guarantee you could move to Canada.

 

[Pamelaluz84]

Please help ..there must be a way for me to go back to Canada.
I’m a Pr who doesn’t meet the RO ..I left Canada as a minor , now I’m 35 . I’m aware that I should have aplied on H&C at a younger age. I have the need Now to leave my home country since we don’t have work and it gets difficult for us to live a decent life . My husband and three children are foreign .
If I manage to get through POE and get reported, It takes a year or two to appeal but what about my family.? Should they travel on a tourist visa with me or without me? If I find a good lawyer can my family stay with me while I’m waiting for a response? Can my husband get a work permit?

 

[k.h.p.]

So you've been gone for at least fifteen years and have made no efforts to return to Canada earlier?

 

[Pamelaluz84]

So you've been gone for at least fifteen years and have made no efforts to return to Canada earlier?

That is correct. I understand that I should of attempted way before but I didn’t. Although there must be another way. At my 18 I was still a child very dependent of my parents. This is a whole different culture rather than up north. I didn’t even know I was a Pr. There must be someway.

 

[scylla]

That is correct. I understand that I should of attempted way before but I didn’t. Although there must be another way. At my 18 I was still a child very dependent of my parents. This is a whole different culture rather than up north. I didn’t even know I was a Pr. There must be someway.

You will have to re-enter Canada by land through the US and hope you are not reported for failing to meet the residency requirement. Assuming you are not reported, you will have to live in Canada for 2 years straight before you will be able to sponsor your family for PR.

Your family will need to apply for TRVs if they wish to enter Canada. There is of course no guarantee their TRVs will be approved.

If your family is approved for TRVs, your husband will not qualify for a work permit during those two years unless he gets a job offer from a Canadian employer and approved LMIA. Your family also will not be covered by the provincial health care program - so you will need to take out private insurance to cover emergencies and pay for any non-emergency care out of pocket. Depending on their age, your children may not be allowed to attend school since they will only have visitor status in Canada for 2 years.

A lawyer really can't help you. Either you will be reported at the border or you won't be. A lawyer cannot change this.

 

[Pamelaluz84]

You will have to re-enter Canada by land through the US and hope you are not reported for failing to meet the residency requirement. Assuming you are not reported, you will have to live in Canada for 2 years straight before you will be able to sponsor your family for PR.

Your family will need to apply for TRVs if they wish to enter Canada. There is of course no guarantee their TRVs will be approved.

If your family is approved for TRVs, your husband will not qualify for a work permit during those two years unless he gets a job offer from a Canadian employer and approved LMIA. Your family also will not be covered by the provincial health care program - so you will need to take out private insurance to cover emergencies and pay for any non-emergency care out of pocket. Depending on their age, your children may not be allowed to attend school since they will only have visitor status in Canada for 2 years.

A lawyer really can't help you. Either you will be reported at the border or you won't be. A lawyer cannot change this.

Would I be able to work throughout those 2 years?

 

[scylla]

Would I be able to work throughout those 2 years?

If you have a SIN, then yes.

 

[Pamelaluz84]

Would it be convenient for me to travel first then after some while my family? Can my husband say their visiting me ?

 

[Pamelaluz84]

Also and that would be it, what documents should I have with me at POE besides the us visa?

 

[scylla]

Also and that would be it, what documents should I have with me at POE besides the us visa?

You need your COPR / landing papers.

 

[scylla]

Would it be convenient for me to travel first then after some while my family? Can my husband say their visiting me ?

I would focus on getting an approved TRV first and then worry about when they are going to travel. It may be quite difficult for them to be approved.

 

[canuck78]

@Pamelaluz84 You have asked all these questions before. Not sure why you keep asking the same questions. The answers are not changing. There is no easy way for you and your family to move to Canada.

 

[asaeed100]

Hi all

I want to know the next step about my 2 year journey of entering in Canada from US border. I need a guidance from a person who was in my situation.

I became PR in Canada on 1st August 2008. I was a minor at that time. I stayed in Canada for a month and came back to my home country. My PR card expired after 5 years. I studied in USA. I entered in Canada from US border just 2 years back. I was 23 year old at that time. The officer at border made a case against me and told me that I will get a call from border authorities with in a month. I did not get any call or any email from border authorities since 2 years.

In the mean time I got a job with a MNC. I paid taxes for last 2 years and bought property in Toronto. I could not go out of Canada as I am not having PR card. Now my 2 years to maintain my PR status with finish with in 10 days. I want to know that what should I do after completion of 2 years. Probable steps as per my understanding I am mentioning below.

Should I apply PR card as I have already completed 2 years?

OR

Call CIC to check about next step to apply for PR. But I feel that CiC will refer me to border authorities to clear a case with them. Then should I hire a lawyer or it will be a easy process as I already completed 2 years.

The suggestion in this regard will be highly appreciated from any person who was in this situation before or any person who can guide me in this case.

what is the update on your case?

 

[shoaibexpert]

Hi, my question is also pertaining to similar situation:

Myself and my family (wife and 3 kids with youngest being a Canadian citizen) got PRs in July 2017 and we have spent only 100 odd days inside Canada to date by visiting there. I wanted to come to Canada this year permanently before I cross the 1095 days of stay outside Canada so I can meet the 730 days requirement in 5 years at the time of moving but with Corona challenges...thats a bit difficult...

Ive read about people being reported at the border which leads to appeal and departure order - and that these reports have increased in frequency recently...
Above reporting at the airport for not being able to complete 730 days in 5 years that is...

I wanted to know if I should plan to move or send my family at least before the situation arises when I cannot prove at the border that I can spend 730 in 5 years of landing...that means this year by max Oct 2020 while staying within limit...

Some people have the opinion that the reporting is just a formality...and you usually pass through that easily
I just dont know if I can stay here in my home country untill Corona crisis is fully over and come next sumnmer to Canada permanently or if I need to move now.. and how big of a threat this reporting at the airport is for my family's PR overall...

Thanks in advance..